Short answer. Just suspended, not lost permanently. Article 230 of the Family Code provides that conviction for a crime carrying civil interdiction suspends parental authority — and that authority is automatically reinstated when the sentence is served or when the parent receives pardon or amnesty. No further court order is needed.
What the law says
Parental authority is suspended upon conviction of the parent or the person exercising the same of a crime which carries with it the penalty of civil interdiction. The authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender.
Family Code, Article 230 — Suspension for Civil Interdiction. Read the full provision →
Suspension, not permanent deprivation
Article 230 draws a clear distinction between suspension and permanent deprivation of parental authority. When a parent is convicted of a crime that carries civil interdiction as a penalty, parental authority is suspended for the duration of that penalty — it is not permanently taken away. The suspension reflects the legal reality that the convicted parent is subject to civil interdiction, which restricts certain civil capacities including the exercise of parental authority. The loss is tied to the sentence, not to the parent's character in a final sense.
Civil interdiction as an accessory penalty
Civil interdiction is an accessory penalty that attaches to certain criminal sentences under the Revised Penal Code. It deprives the convicted person of certain rights, including exercising parental authority over the children. When a parent's conviction carries this accessory penalty, Article 230 automatically suspends their parental authority — the suspension begins upon conviction, without any additional court proceeding specifically addressing parental rights. The children's welfare is protected during this period by whoever steps in to exercise parental authority in the convicted parent's place.
Three ways the suspension ends automatically
Article 230 provides that authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender. Three events can lift the suspension: completing the sentence (including the period of civil interdiction), receiving a presidential pardon, or benefiting from amnesty. All three operate automatically — no court appearance, no separate reinstatement petition, no additional legal proceeding. The moment any of these occurs, parental authority revives by operation of law. The parent simply reassumes their authority over the children.
What happens during the suspension
While parental authority is suspended, the children cannot be left without someone to care for and manage their affairs. The non-convicted parent, if present and capable, typically exercises sole parental authority during this period. If no suitable parent is available, a guardian may need to be appointed. Questions about support, custody, and property management of the children's assets during the parent's incapacity may require separate legal attention. The suspended parent retains their civil personality and may be entitled to visit their children, but legal authority over the children's person and property rests with whoever is exercising authority during the suspension.